No. 19-615

Elaine Ward v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2019-11-13
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 constitutional-rights due-process equal-protection municipal-liability service-of-process state-court-proceedings transparency
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Is there a violation of due process and equal protection under the 5th and 14th amendments as related to 42 U.S.C. 1983, when a municipality fails to comply with the appropriate local statutes, for purposes of transparency, the public interest, and the Constitutional rights of the individual(s) who have a protected interest at stake in a matter, at the time of transferring that matter from and between the trial court and the appellate court, to the highest court of the state, which creates a right to be heard in federal court that is independent of the state court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner filed a complaint in federal district court against City of New York, for denying Ward, notice, service of process and an opportunity to be heard ; by the City’s Attorneys in addition to their use of perjured affirmations and no filings in the New York County Clerk’s Office prior to the finalization of the deprivation of Ward’s property, in state court. The District Court, swa sponte dismissed the complaint without any responsive pleadings or motions; 2nd Circuit affirmed with a summary order. In 2nd Circuit proceedings defendants’ (again) used perjured affirmations, commercial metering ma: chines in lieu of U.S.P.S. and failed to follow the rules for using summary orders as citations, and the 2nd Circuit failed to rule on Ward’s objections. THE Ist QUESTION: : 1. Is there a violation of due process and equal protection under the 5th and 14th amendments as related to 42 U.S.C. 1983, when a municipality, fails to comply with the appropriate local statutes, for purposes of transparency, the public interest, and the Constitutional rights of the individual(s) who have a protected interest at stake in a matter, at ; : the time of transferring that matter from and between the trial court and the appellate court, to the highest court of the state, which creates a right : to be heard in federal court that is independent of the state court? ii : TWO (2) QUESTIONS PRESENTED — Continued THE 2nd QUESTION: 2. Is there a violation of due process and equal protection of the law under the Constitution when ; a federal appellate court sets aside appelilant’s motions that object to the defendants’ attorneys’ ; violation of service by their use of commercial metering machines in the proceedings, as a U.S. post office substitute that prejudice appellant’s time to answer, as well as defendants’ attorneys’ failure to ; comply with the rules for citing summary orders with respect to unrepresented litigants?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-06
Waiver of right of respondents The Law Offices of Stuart A. Klein, Esq., et al. to respond filed.
2019-12-03
Waiver of right of respondent Par Plumbing Co. Inc. to respond filed.
2019-11-18
Waiver of right of respondents City, Stringer, de Blasio, et al. to respond filed.
2019-10-21
Petition for a writ of certiorari filed. (Response due December 13, 2019)

Attorneys

City, Stringer, de Blasio, et al.
Diana Lawless — Respondent
Elaine Ward
Elaine Ward — Petitioner
Par Plumbing Co. Inc.
Don Ray SampenClausen Miller P.C., Respondent
The Law Offices of Stuart A. Klein, Esq., et al.
Christopher M. SlowikKlein Slowik, PLLC, Respondent